pages: PlanningBoard/2007-10-22.pdf, 9
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PlanningBoard | 2007-10-22 | 9 | President Cook agreed that the conditional use permit should be used, and would consider a smaller square footage than 60,000 s.f. She cited the newest Whole Foods stores, particularly the Cupertino store, which is approximately 68,000 s.f. She would like to strengthen the analysis of the impacts of big box stores on local businesses. Mr. Thomas noted that staff would go through the document and return with a redlined version for further review by the Planning Board. He noted that customized findings for conditional use permit will be developed, and wanted to ensure that a well-designed building that made sense for its location and context could be achieved. He noted that addressing retail leakage was very important, and added that a study may be a valuable tool when developers approach the City for a large retail project. In response to an inquiry by Member Lynch whether a traffic study was a requirement, Mr. Thomas replied that it was not, but it was recommended. Member Lynch believed that could be a slippery slope, and noted that the addition of a business could encourage healthy competition and diversity of retail choices. He noted that generally, a business will go out of business because their product was not as good, and the public chose something else. He did not wish to see a competition restriction in place. Member Ezzy Ashcraft recalled that when Starbucks and Peet's Coffee opened, the local coffee shops did not go out of business. Ms. Mooney noted that it was important to examine what appellate courts have upheld. She noted that the City of Turlock was sued by WalMart in 2004 because it had prohibited superstores. She noted that there were shades of that in Livermore's policy that prohibited "retail stores greater than 100,000 square feet that devote more than 5% of floor area to non-taxable items such as groceries." It also required a conditional use permit for discount stores and clubs, which was challenged by WalMart on the grounds that the city was acting in excess of its police power. The court found in favor of the City; the standard was that the policy must be reasonably related to the ends it was trying to achieve. The City was concerned about increasing traffic and decreasing air quality, as well as urban and suburban decay, which was sufficient for the court. No action was taken. 9-C. Appeal of Use Permit UP07-0015 - Jennifer Raner - 1716 Park Street, for the installation and operation of a portable outdoor car wash for used and new cars for the existing car dealership. Pursuant to Alameda Municipal Code, AMC 30-4.10, a Use Permit is required for car washing establishments in the C-M, Commercial- Manufacturing District. (Appeal has been withdrawn) 10. WRITTEN COMMUNICATIONS: None. Page 9 of 11 | PlanningBoard/2007-10-22.pdf |